Canada

New SCC judge Richard Wagner sworn in, CTV News

B.C. woman who won lawsuit unable to pay $180K in legal fees, CBC News

Man. appeal court reserves judgment in Graham James case, Winnipeg Free Press

United States

GM workers permitted to sue State Street over pensions, Reuters

Supreme Court remains silent on same-sex marriage, Reuters

International

Egypt's top court shuts down following protests, Reuters

Chile's sea claims unjust, Peru tells The Hague, Reuters

A lawyer with strong rural roots as a former operator of a cash-crop and beef operation in Lambton County, Ont., is the new chairwoman of the County & District Law Presidents’ Association.

Janet Whitehead

Janet Whitehead, currently vice chairwoman of CDLPA, assumes the lead role for an 18-month period following the organization’s recent three-day plenary conference in Toronto.

“As the legal profession continues to evolve, it has become even more important to be able to represent the experience of our membership to government and the Law Society of Upper Canada as they consider changes to the justice system,” says Whitehead, a lawyer at George Murray Shipley Bell LLP in Sarnia, Ont.

Whitehead replaces Michael Johnston in the lead role at CDLPA.

“For the past year and a half, Michael has significantly strengthened our capacity to advocate on issues that affect the practising bar and I will continue to build on this important work,” says Whitehead, who touts her strong roots in Lambton County and notes she’s familiar with many of the issues facing the profession, especially those related to sole and small-firm practitioners.

Whitehead’s practice focuses on civil and commercial litigation, family and collaborative law, and estates matters. Born and raised in Lambton County, she studied law at the University of Western Ontario and went on to article in London, Ont. She later moved to Sarnia and has been a partner at her current law firm since 2006. She and her husband ran the cash-crop and beef operation for 28 years before moving to Sarnia.

Besides her law practice, Whitehead has been active in a number of organizations. She served on the board of the Breast Cancer Society of Canada for six years first as director and later as president. She also served multiple terms as the treasurer and president of the Lambton Law Association.

Legal Feeds salutes all the Mo Bros and Sistas in the Canadian legal community who have put their time and efforts into raising money and awareness for a great cause during the month of Movember. Please share in the glory of their fantastic facial hair.

As well check out the photo gallery of the students from law schools across the country who also participated. It'll be posted tomorrow.

The Supreme Court of Canada will hear five wide-ranging appeals this week.

Dec. 4 — British Columbia — Ediger v. Johnston

Torts: Cassidy Alexis Ediger suffered severe permanent brain damage during her birth after Dr. William Johnston attempted a rotational mid-level forceps procedure to assist the delivery. It failed. Ediger’s heart slowed in a bradycardia and deprived her of oxygen until she was delivered by Caesarean section and resuscitated 18 minutes later. The trial judge found that Johnston breached the standard of care in attempting a rotational mid-forceps delivery without first checking to see if there was backup available for a C-section. The judge also concluded that the doctor didn’t have the mother’s informed consent to the forceps procedure before delivery. The Court of Appeal allowed Johnston’s appeal and dismissed Ediger’s action. Several questions are being raised in relation to the finding of liability on the issue of causation.

Dec. 5 — Quebec — R. v. Manning

Criminal law: Alphide Manning pleaded guilty to two counts of operating a motor vehicle with a blood alcohol level over the legal limit. He had similar prior convictions. He was sentenced to 17 months in jail and banned from driving for five years. The Crown applied for the forfeiture of Manning’s vehicle because it was considered offence-related property under the Criminal Code. The Court of Quebec dismissed the Crown’s motion, noting that Manning was unemployed and living on social assistance, and the vehicle was his only property, which he was dependent on. The Court of Appeal dismissed the Crown’s appeal, finding that the judge had not erred in law. In question are the factors a court can consider in deciding not to order the forfeiture of offence-related property.

Dec. 6 — Manitoba — R. v. O’Brien

Criminal law: While in jail, Kelly Joseph O’Brien threatened to kill his girlfriend if she aborted their child. Staff at the jail complained and the girlfriend was called to testify. She said O’Brien’s threat didn’t scare her; he was just being loud and belligerent with her. O’Brien was acquitted on two counts of uttering threats and two counts of breach of probation. The majority of the Court of Appeal dismissed the Crown’s appeal. At issue is whether the appeal court erred in assessing the mens rea requirement for the offence of uttering threats and in finding that the evidence of the complainant was the determinative factor.

Dec. 6 — Ontario — R. v. Sanichar

Criminal law: Harry Persaud Sanichar was convicted of rape, indecent assault, buggery, gross indecency, sexual assault, assault, and assault with a weapon in relation to the physical and sexual abuse of his stepdaughter, which allegedly occurred over several years when she was a child. She was in her mid-30s when she testified against him. The majority of the Court of Appeal allowed Sanichar’s appeal and ordered a new trial on the basis that the trial judge failed to conduct a proper inquiry into the reliability of the stepdaughter’s testimony and apply the principles of reasonable doubt to aspects of the evidence that could have been in Sanichar’s favour. The court is being asked to assess the trial judge’s behaviour.

Dec. 7 — New Brunswick — Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd.

Labour law: Irving implemented a new workplace policy in its paper mill that included random alcohol testing for employees with safety-sensitive positions. An employee was tested and found to have a blood alcohol level of zero. Nevertheless, the union filed a grievance challenging the reasonableness of the policy. The arbitration board found that Irving failed to demonstrate that the mill posed a sufficient risk of harm that outweighs an employee’s right to privacy. Specifically, the board concluded that Irving didn’t cite enough evidence of prior incidents of alcohol-impaired work performance to justify the policy, and that although the mill was considered “a dangerous work environment,” it wasn’t deemed “ultra dangerous.” The Court of Queen’s Bench allowed the application for judicial review and quashed the board’s decision, ruling it was unreasonable to require evidence demonstrating a history of alcohol abuse in the workplace once the board deemed the mill a dangerous workplace. The Court of Appeal dismissed the union’s appeal.